Jitender And Others vs State Of Haryana And Others
2023 Latest Caselaw 2074 P&H

HAMANT
2023.02.01 13:11

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH
(110) CW P-467-2023
Date of Decision: 31.01.2023
JITENDER AND OTHERS
...Petitioners
VS
STATE OF HARYANA AND OTHERS ... Respondents

CORAM: HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR. JUSTICE VIKRAM AGGARWAL

Present: Mr. Aashish Chopra, Senior Advocate with Mr. Bhupinder Ghai, Advocate for the petitioners.

Mr. Pravindra S. Chauhan, Sr. Addl. A.G., Haryana. for the respondents.

ie 26 2h 2s 3

AUGUSTINE GEORGE MASIH, J (ORAL)

Learned counsel for the respondents submits that the notices which have been issued to the petitioners or their authorized representatives would be withdrawn and fresh notices, if required, would be issued to them and others by the competent authority by following the proper procedure in accordance with law.

In the light of the statement made by the counsel for the respondents, we dispose of the present writ petition with liberty to the respondents to withdraw the impugned order/notices which have been issued to the petitioners or their authorized representatives, and as a consequence thereof, the demolition orders which have been impugned by the petitioners in this petition dated 03.01.2023 (Annexures P-23 to P-32) shall not be proceeded with.

It goes without saying that in case, the proper notices are issued and served upon the petitioners or their authorized representatives,

petitioners would be bound to appear before the competent authority at the

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CWP-467-2023 2-

time of demarcation, if held. Non-presence of the petitioners or their authorized representatives at the time of demarcation, in such situation, will not be a ground for taking it as if the demarcation was carried out in their absence.

Learned counsel for the respondents has brought to the notice of the Court that there is a contempt petition before this Court i.e. COCP- 2491-2022 titled as 'Murari Lal Sharma Vs. Munesh Kumar and Anr.' which is now listed for hearing on 25.04.2023 Let this fact be brought to the notice of the Hon'ble Contempt Court which shall thereafter pass an appropriate order.

The writ petition stands disposed of accordingly.

(AUGUSTINE GEORGE MASIH)

JUDGE (VIKRAM AGGARWAL) JUDGE 31.01.2023 Hemant Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

HAMANT

2023.02.01 13:11

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